The Equal Employment Opportunity Commission (EEOC) updated its guidance on how employers have to accommodate pregnant employees. This is the first update of the EEOC’s guidance on pregnancy discrimination since 1983.
The chairperson of the EEOC opined that pregnancy cannot be a basis for denying employment or treating women less favorably than coworkers similar in their ability or inability to work.
Now, according to the EEOC, a pregnant worker is entitled to a reasonable accommodation under the Americans with Disabilities Act just as any other disabled employee would be entitled to a reasonable accommodation.
The guidance provides accommodations for workers with pregnancy related work restrictions and provides that:
- The Pregnancy Discrimination Act covers current pregnancy, discrimination based on past pregnancy, and a woman’s potential to become pregnant;
- Lactation is a covered pregnancy-related medical condition;
- Employers have to provide light duty for pregnant workers under certain circumstances;
- Leave for pregnancy and for medical conditions related to pregnancy must be available;
- The Pregnancy Discrimination Act prohibits requiring pregnant workers who are able to do their jobs to take leave;
- Parental leave (not medical leave) must be provided to similarly situated men and women on the same terms;
- Employers may have to provide reasonable accommodations for workers with pregnancy-related impairments under the Americans with Disabilities Act; and
- There are certain best practices for employers to avoid unlawful discrimination against pregnant employees.
